ML20196A967

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Forwards Govts Motion for Board to Vacate 880617 Order on Basis of Board Committing Multiple Errors,Including Acting W/O Jurisdiction
ML20196A967
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 06/20/1988
From: Lanpher L
KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To: Gleason J, Kline J, Shon F
Atomic Safety and Licensing Board Panel
Shared Package
ML20196A970 List:
References
CON-#288-6597 OL-3, NUDOCS 8806300166
Download: ML20196A967 (2)


Text

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nux w2* n oc u nucceu m mim rrmat.acw PA in224m LAWRENCE CoE WPHER 64 23 ass 4wo (202) nSeoit June 20, 1988 BY HAND James P. Glesson, Chairman Dr. Jerry R.

Kline Mr. Frederick J.

Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Re:

Docket No. 50-322-OL-3 Emergency Planning

Dear Mr. Chairman and Members of the Board:

Subsequent to the June 17, 1988, conference call, the Governments have considered the Board's Order that the Govern-ments make available 16 past and present employees for deposi-tions by LILCO counsel on the "integrity of the proceeding" issue.

The Governments submit that the Board has committed multiple errors, including principally acting without juris-

diction, In view of these errors, the Governments are filing herewith a Motion to Vacate the Board's June 17 Order.

We advised LILCO on Friday that such a motion would be filed with the Board as early as possible on Monday.

We request the Board to rule expe-ditiously.

Subject to reappraisal following the Board's ruling, it is the Governments' present intention, the Motion is not granted, to seek prompt review by the Appea

'grd.

Such review would be necessary because otherwise the har n sought to be avoided --

including the Board acting without 'urisdiction and LILCO acting

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e KIRKPATRICK & LOCKHART James P. Gleason, Chairman Dr. Jerry R. Kline Mr. Frederick J.

Shon Atomic Safety and Licensing Board June 20, 1988 Page 2 in effect as the Board's prosecutor in a burdensome deposition procedure -- would occur and effective appellate review would not be possible.

Sincerely yours, U4 yk Lawrence Coe Lanpher Enclosure l

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